Your 2025 data protection guide from GDPR to NIS2.

Data Protection Basics: What You Need to Know in 2025 – A Comprehensive Guide for Businesses

Key Takeaways
- GDPR & BDSG: The GDPR has applied since May 25, 2018 and is complemented in Germany by the Federal Data Protection Act. It protects personal data and grants comprehensive consumer rights.
- Principles of data processing: GDPR requires lawfulness, purpose limitation, data minimization, accuracy, storage limitation, integrity and confidentiality.
- Data protection vs. data security: Data protection safeguards personal data and informational self-determination. Data security protects all company data with technical and organizational measures.
- Heavy fines: Violations can cost up to €20M or 4% of global turnover. Even small businesses have been affected in 2025.
- New regulations 2025: DORA, the EU AI Act, and NIS2 bring additional cybersecurity and AI compliance obligations
Data is the gold of the 21st century. It enables personalized products, efficient processes, and new business models. At the same time, massive data flows pose growing risks: misuse, identity theft, and loss of trust. This is why the EU adopted the General Data Protection Regulation (GDPR) in 2016. It has been applied since May 25, 2018, across all member states. GDPR obliges companies to introduce transparent processes and grant data subjects rights. This guide explains the basics of data protection in a simple and motivating way for entrepreneurs, CTOs, CEOs, and compliance managers.
Table of Contents:
What is Data Protection?
Data protection safeguards privacy. It ensures personal data – information that identifies a person – is only processed lawfully.
Personal data includes names, addresses, phone numbers, license plates, customer IDs, financial data, and online identifiers like IP addresses. Special categories include health, biometric, or religious data and are subject to stricter rules.
Key Legal Frameworks
Law/Regulation | Scope | Core Element |
| GDPR | EU-wide since 2018 | Data protection principles, transparency, rights, fines |
| BDSG | German supplement | National rules, data protection officers, authority processing |
| ePrivacy Regulation | Expected 2025/26 | Rules on cookies, tracking, direct marketing |
| NIS2, AI Act, DORA | New from 2025 | Cybersecurity, AI governance, incident reporting |
Data Subject Rights
- Right of access (Art. 15): Information on processing purposes, categories, and recipients.
- Right to rectification (Art. 16): Correct inaccurate data immediately.
- Right to erasure (Art. 17): Delete data if the purpose no longer applies or consent is withdrawn.
- Right to restriction (Art. 18): Pause processing temporarily.
- Right to data portability (Art. 20): Receive data in structured formats, transfer to another provider.
- Right to object (Art. 21): Oppose processing, especially for direct marketing
Principles of Data Processing (Art. 5 GDPR)
- Lawfulness, fairness, transparency
- Purpose limitation
- Data minimization
- Accuracy
- Storage limitation
- Integrity and confidentiality
- Accountability
Data Protection vs. Data Security
- Data protection: Defines whether and why personal data can be processed, focusing on compliance and privacy.
- Data security: Protects all data from unauthorized access or loss with measures like encryption, access controls, backups, and firewalls.
Both must go hand in hand: no data protection without data security.
Technical and Organizational Measures (TOMs)
- Access control (strong passwords, user rights)
- Physical access control (locked server rooms, alarms)
- Firewalls & VPNs
- Encryption (at rest & in transit)
- Backups & deletion concepts
- Employee training & awareness
Your 2025 data protection guide from GDPR to NIS2.
2025 Challenges: Beyond GDPR
- DORA: Effective January 2025 for finance sector – strict ICT risk management, testing, incident reporting.
- AI Act: First phase mid-2025 – bans manipulative systems, real-time biometric surveillance.
- NIS2 Directive: Broader scope, more organizations must comply, management liability.
- Global privacy laws: New frameworks in Canada, India, and U.S. states impact international business
Real-World Examples & Fines
- CaixaBank (Spain): €200,000 fine for storing customer data far beyond legal retention limits.
- SIDECU Fitness Chain (Spain): €96,000 fine for mandatory facial recognition with no alternatives.
- Meta (Ireland): €1.2B record fine for illegal data transfers to the U.S.
General statistics: Over €5.6B in GDPR fines imposed by March 2025.
Best Practices: How to Implement Data Protection in Your Business
- Set up a data protection management system.
- Carry out Data Protection Impact Assessments (DPIAs).
- Appoint a data protection officer if required.
- Implement technical and organizational measures.
- Train and raise awareness among employees.
- Sign proper data processing agreements with vendors.
- Adapt early to new laws like NIS2 and the AI Act.
Tip: A platform like heyData helps automate compliance workflows, manage records, set deletion schedules, and stay ahead of regulatory updates.
Business Checklist
Task | Responsible | Tip |
| Record of processing activities | DPO | Document processes, retention schedules |
| Risk analysis & DPIA | Project & DPO | Evaluate AI, biometrics |
| Processor contracts (AVVs) | Legal | Approve sub-processors |
| Technical measures | IT | Encryption, access controls, backups |
| Staff training | HR & DPO | Regular sessions |
| Audits | Management | Internal audits to ensure compliance |
FAQs on Data Protection
What’s the difference between data protection and data security?
Data protection defines lawful use of personal data. Data security safeguards all data with protective measures.
What counts as personal data?
Any information about an identifiable person: names, addresses, emails, IDs, IP addresses.
How long can data be stored?
Only as long as necessary for the purpose. Then delete or anonymize.
Do I need a Data Protection Officer?
Yes, if 20+ employees regularly handle personal data or if sensitive data is processed.
What happens if I violate GDPR?
Fines up to €20M or 4% of global turnover. Also damages, reputational loss, and corrective orders.
Conclusion
In 2025, data protection is more important than ever. GDPR and BDSG set strict rules and strengthen consumer rights. Companies must respect key principles and adapt to new regulations like NIS2, DORA, and the AI Act. Those who embrace data protection not only avoid risks but also build trust and a strong foundation for innovation.
Important: The content of this article is for informational purposes only and does not constitute legal advice. The information provided here is no substitute for personalized legal advice from a data protection officer or an attorney. We do not guarantee that the information provided is up to date, complete, or accurate. Any actions taken on the basis of the information contained in this article are at your own risk. We recommend that you always consult a data protection officer or an attorney with any legal questions or problems.


